| [2024] FWCA 686 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2024/319)
D&E AIR CONDITIONING PTY LTD AND CEPU - PLUMBING DIVISION NSW BRANCH MECHANICAL (HVAC) ENTERPRISE AGREEMENT 2023–2027
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 21 FEBRUARY 2024 |
Application for approval of the D&E Air Conditioning Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the D&E Air Conditioning Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.
The Agreement was approved on 21 February 2024.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 686
- Case
- [2024] FWCA 686
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the enterprise agreement provided adequate protections for employees and complied with the requirements outlined in the Fair Work Act. The court had to consider various factors, including whether the agreement included minimum terms and conditions, whether it addressed key employment issues such as wages, working hours, leave entitlements, and dispute resolution mechanisms, and whether it was negotiated in good faith. Additionally, the court needed to assess whether the agreement was free from any discriminatory provisions that could adversely affect employees.
The Commission examined the application and the contents of the enterprise agreement in detail. It considered the evidence provided by the parties and evaluated whether the agreement met the statutory requirements for approval. The court found that the agreement provided for minimum terms and conditions that were no less favourable than the applicable awards and that it addressed essential employment issues. The Commission was satisfied that the agreement had been negotiated in good faith and that it did not contain any discriminatory provisions. Therefore, the court approved the enterprise agreement.
In conclusion, the Fair Work Commission approved the D&E Air Conditioning Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027, finding that it met the necessary criteria under the Fair Work Act. The agreement was deemed to provide adequate protections for employees and to comply with the statutory requirements for approval.
Orders
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Background
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Evidence
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